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In some cases the hearing officer will schedule a prehearing conference before
the hearing. The prehearing conferences are typically telephonic and may be set to
discuss items such as scheduling, narrowing the issues in dispute, and discussing the
Question: What if I am unable to attend a hearing?
If you have a good reason for not being able to attend a scheduled hearing, you
must immediately file a written request asking the presiding officer to continue the hearing
to another date. You will need to state the specific reasons for the continuance. Iowa
Most presiding officers will allow a witness to testify over the telephone at the
hearing even if the hearing is held in-person. You need to inform the presiding officer
You are entitled to have witnesses attend the hearing, either in person or by
telephone, who know about facts that would help your case. If necessary, you can file a
written request for the presiding officer to issue a subpoena to order the witness to attend.
If your witness does not show up, you can ask the presiding officer to continue the
hearing to another day. Or you could ask the hearing officer to “hold the record open” to
allow the witness to testify at a later date. It is up to the hearing officer whether a
Yes. You can find out what evidence will be presented at the hearing in several
different ways. You may simply ask the opposing party for copies of any records that are
relevant to the facts in your case. Another method is to use “discovery.” Discovery can be
Yes, you are permitted to ask questions of the opposing witnesses who testify
against you. Similarly, the opposing party will be permitted to ask questions of witnesses
Question: Will the hearing be recorded?
Yes, the hearing must be recorded by use of a voice recorder or by use of a court
You will receive a written decision electronically through e-Flex that states the facts
about the case, application of the law, and the proposed decision of the presiding officer.
The agency decision can be stated verbally by the decision maker at the conclusion of the
Yes. If your complaint was initially heard by an Administrative Law Judge (ALJ), you have
the right to appeal the ALJ’s “proposed decision and order” to the agency Board. A written
notice of appeal to the Board must be filed within 20 days from when the ALJ issued the